Iw Prosecutor Testifies Against 2 In Perjury Trial

October 18, 1990|By ESTHER MORGO Staff Writer

ISLE OF WIGHT — The Commonwealth's Attorney temporarily stepped down from his prosecuting chores Wednesday and took the witness stand to gain a perjury conviction for two people who provided a false alibi for a man who was convicted of selling illegal drugs in 1989.

Glenn H. Simmons, 24, of Surry, and Patricia A. Eley, 27, were convicted today of lying under oath to provide an alibi for Simmons' brother, who faced charges of selling cocaine to an undercover agent in Smithfield on two days when the pair's testimony placed him on a trip to Florida.

Simmons and Eley face a maximum of 10 years in prison, for purposely lying during the December, 1989 trial.

Simmons' brother, Roosevelt "Black Jack" Simmons, was convicted of four counts of selling cocaine in the December, 1989 trial, despite the false testimony that provided an alibi for two of the charges against him. The jury recommended that he receive eight years in prison and a $5,000 fine on each charge.

Commonwealth's Attorney W. Parker Councill testified Wednesday that he learned during the course of the December trial that Glenn Simmons' was lying about the dates of his Florida vacation with his brother and then-girlfriend Eley.

Glenn Simmons testified under oath that the group was on a trip to Florida on Jan. 20 and 27, two dates when his brother was said to have sold the drugs to an undercover agent in Smithfield, Councill said.

During a midday recess in the December trial, Councill said he called Smithfield Packing and found out that Glenn Simmons was working there during the period when he claimed to be on vacation. In fact, Councill said, the company's records showed that Glenn Simmons had taken his vacation the week before the drug arrest.

Councill said that before the trial resumed, he told the defense attorney, Sonnie G. Cuffey, that two of the defense witnesses had provided incorrect testimony.

Councill said that Cuffey told him that neither Eley nor Glenn Simmons wished to retract the testimony.

Councill said he then told Cuffey that he intended to pursue the matter, although he said he did not recall whether he specifically stated that he would "pursue an indictment of perjury."

Cuffey said Wednesday that he did not recall having a conversation with Councill about the credibility of his witnesses.

Cuffey gave up his license to practice law in May, after numerous complaints were lodged against him, according to the Virginia Bar Association and the clerk of the state Supreme Court.

Cuffey said that Roosevelt Simmons "categorically stated" to him that the group went to Florida on Jan. 20, and came back on Jan. 27.

Cuffey said he asked Glenn Simmons and Eley "a general question" about the dates based on that information, but did not "interrogate" them about it. During the course of his discussion with Eley and the Simmons brothers, Cuffey said that no one checked a calender.

"Nobody said they went on another date," Cuffey said. "I was convinced that Roosevelt was telling me the truth, and I asked them to corroborate it."

Defense attorneys for Glenn Simmons and Eley attempted to pin blame for the incorrect testimony on Cuffey, who, they said, honed in on the two dates listed in the indictment without asking the witnesses to recall independently the dates of their vacation.

They said the evidence showed that Cuffey's prompting led Glenn Simmons and Eley to testify falsely, but that their mistakes were not intentional.

Before announcing his decision, Judge Parker commented on the difficult decision jurors face in assessing the veracity of witnesses.

"You hope you can judge what is the truth and what is not the truth," he said. "I often wonder how jurors, who are not trained to determine who is telling the truth, can do it."